*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 705

CAF 13-00134

PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND WHALEN, JJ. IN THE MATTER OF THOMAS E. HORNING,

PETITIONER-RESPONDENT,

V MEMORANDUM AND ORDER ANDREA J. MORGIA, RESPONDENT-APPELLANT.

(APPEAL NO. 2.)

LINDA M. CAMPBELL, SYRACUSE, FOR RESPONDENT-APPELLANT.

KRYSTAL M. HARRINGTON, ATTORNEY FOR THE CHILD, LOWVILLE.

SCOTT A. OTIS, ATTORNEY FOR THE CHILD, WATERTOWN.

Appeal from an order of the Family Court, Jefferson County (Peter A. Schwerzmann, A.J.), entered December 17, 2012 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same Memorandum as in Matter of Morgia v Horning ([appeal No. 1] ___ AD3d ___ [July 3, 2014]).

Entered: July 3, 2014 Frances E. Cafarell

Clerk of the Court